Both human activities and climate change have changed landscapes significantly, especially in coastal areas. Sea level rise and land subsidence foster tidal floods and permanent inundations, thus changing and limiting land use. Though many countries, including Indonesia, are aware of these phenomena, the legal status of this permanently inundated land remains unclear. Indonesia refers to this land legally as obliterated land. This qualification makes former landowners uncertain, as it does not recognize their previous land rights, and creates disputes during land acquisition. In view of policy pressures to develop large-scale projects, the government often fails to include obliterated land legally during land acquisition processes for these projects. This causes unfair and disputed compensation for those former landowners. Current scientific discourses do not yet address this legal quandary. This study therefore has the following three aims: (1) to describe the legal, institutional and procedural contradictions related to obliterated land; (2) to assess the validity of right of the owners whose land parcels are permanently inundated; and (3) to formulate a responsible and tenure responsive policy to deal with obliterated land. We investigate these questions for the construction of a toll road and sea embankment in Kecamatan Sayung, Kabupaten Demak involving obliterated land. We reviewed policies, regulations and documentations related to coastal land and disaster management, and the implementation of land acquisition. We used geospatial data to visualize the ways in which and locations where landscapes, land parcels and land right changed. We determined that legal uncertainty leads to policy inconsistencies in handling obliterated land, specifically during land acquisition. Additionally, former landowners suffer from the legal gaps to establish clarity of land tenure, which prevents them from receiving any compensation. We suggest a law revision that considers the social–historical aspects of land tenure when defining obliterated land. The law should also provide for a fairer and more just compensation for former landowners during land acquisition processes.
An electronic certificate (Sertipikat-el) results from a series of electronic land registration activities in electronic documents that should be digital evidence. This paper describes the infrastructure of Sertipikat-el and offers steps that can be taken so that Sertipikat-el does not lose its essence as evidence of ownership and not ruled out in evidence at trial. Sertipikat-el in electronic documents does not violate the laws and regulations. Unfortunately, the electronic system used to create and manage Sertipikat-el does not meet all requirements so that it can guarantee that each component and the integration of all electronic systems continue to operate properly by minimizing the failure of electronic systems. Although Sertipikat-el has been determined in electronic documents, it has not been further regulated regarding data input and information. For this reason, there is a need for a complete revision of ministerial regulations and implementation related to electronic land registration at the technical level in the field. To ensure the used electronic system's essential function to create and manage the Sertipikat-el continues to run even in the event of a disaster or disruption, the electronic system needs to be registered. A reliability test and an audit from the competent agency are carried out. In addition, the system must also have archival functionality and be defined from the beginning whether the creation and management of Sertipikat-el are carried out in an electronic system or not because it will affect the method of presenting Sertipikat-el data as digital evidence at the trial.
To accomplish agrarian reform (RA) which aims to improve people's welfare by rearranging the structure of land tenure along with community empo¬wer¬ment, organizational elements with solid synergy are required. The Rejang Lebong Regency Government, BPN, the Alliance of Indigenous Peoples of the Archipelago (AMAN), and other elements of the Agrarian Reform Task Force (GTRA) supported by the Presidential Staff Office (KSP) have been trying to carry out this mandate since 2017. This paper aims to provide an overview of the implementation of RA, the challenges faced by the RA institutions in Rejang Lebong Regency. The method used is descriptive qualitative research. The collected data and information is then analyzed into several categories, namely the settlement of potential land objects for agrarian reform (TORA), agrarian conflict resolution, asset management which is followed up with com¬munity empowerment as outlined in the Kampung Reforma Agraria Project, and the role of RA institutions. The findings in this study are that the implementation of RA in Rejang Lebong Regency, which is fully supported by the commitment of the local government, initiatives from the community, and support from the ministry of vertical institutions (especially the Ministry of ATR/BPN, KLHK, and KSP), answers various challenges that arise, especially in terms of cross-sectoral coordination. However, there needs to be a more operational implementing regulation as a derivative of Perpres no. 86 of 2018 as a supporter and reinforcement of the policies issued by GTRA.
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